Southern Illinois & Missouri Bridge Co. v. Stone
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Rcw. J. L. Fort, Judge. (1) Had plaintiff (appellant) under the facts as they exist in this cause the right to exercise the power of eminent domain in this State? If an affirmative answer be given to this question the case must be reversed. Especially is this true as the trial court based its finding alone on the non-existence of this power.
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Appeal from Dunklin Circuit Court. — Rcw. J. L. Fort, Judge. (1) Had plaintiff (appellant) under the facts as they exist in this cause the right to exercise the power of eminent domain in this State? If an affirmative answer be given to this question the case must be reversed. Especially is this true as the trial court based its finding alone on the non-existence of this power. Section 1352, Revised Statutes 1899, confers on domestic bridge companies the right to condemn for bridge purposes. The appellant is not a domestic corporation, but it complied with section 1025, Revised Statutes 1899,…
1Opinion of the CourtGantt, J.
This is an appeal from a judgment of the'circuit court of Dunklin county dismissing the petition of the plaintiff, in which it prayed for the appointment of commissioners to assess the damages which *13would be sustained by its appropriation of certain land lying on the west bank of tbe Mississippi river, in Scott county, in this State, for approaches, roadway and terminal yards. The amount of land which it sought to condemn for its use as a bridge company was about twenty acres, a strip two hundre.d feet wide and about 4,500 feet long, and extending west from the bank of the river. The…
2Cases cited23 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Mooney v. KennettSupreme Court of Missouri · 1854
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
- Flato v. MulhallSupreme Court of Missouri · 1880
- Santa Clara Female Academy v. SullivanIllinois Supreme Court · 1886
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- Bowman v. City of Kansas CitySupreme Court of Missouri · 1950
- Kansas City v. LiebiSupreme Court of Missouri · 1923
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Millhouse v. Drainage District No. 48 of Dunklin CountyMissouri Court of Appeals · 1957
30 more not listed; retrieve them via the Exa API.